McDonnell issues statement about investigation, wants to conduct own review of cases; Becton hasn’t responded

By Allen D. Payton

In a letter to Contra Costa District Attorney Diana Becton on Monday, Contra Costa Public Defender Ellen McDonnell asked for the names of the Antioch and Pittsburg Police officers who are the subjects of an investigation into possible crimes of moral turpitude. The DA’s office announced last Friday the investigation which began last Wednesday and “a review of both active and closed cases involving these officers…to evaluate whether those cases are now compromised.” (See related article)

McDonnell is also asking for all the current, pending cases the involving the officers so her office can conduct a separate review. As of 5:00 p.m. Tuesday, McDonnell said she had not received a response from Becton.

“To date, I have not been provided with any information about what this investigation of the officers is about,” McDonnell later shared.

Following is the letter:

“March 28, 2022

Diana Becton

Office of the District Attorney

900 Ward Street

Martinez, CA 94553

Dear Diana,

In light of the recent media disclosures regarding conduct involving moral turpitude on the part of officers from Pittsburg and Antioch Police Departments, I am requesting that you identify all officers from those departments currently under investigation by your office. We believe that such a disclosure is mandated by the United States Constitution, XIVth Amendment, Brady v. Maryland (1963) 373 U.S. 83 & progeny, and California case law.

I am also asking that you identify all cases currently pending that include any of the involved officers, as well as all previous cases involving those officers. Please provide us with a list of such cases in which the client is or was represented by the Office of the Public Defender or the Office of the Alternate Defender.

While we understand from your press release that you intend to conduct an internal review of affected cases, we respectfully request that you identify those officers so that we can conduct our own review according to our own practices.

Thank you in advance for your assistance and cooperation with this matter. If you have any questions about this request, please let me know.

Sincerely,

Ellen McDonnell

Public Defender Contra Costa County”

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According to supreme.justia.com, in the case McDonnell cited, the court found, “The government’s withholding of evidence that is material to the determination of either guilt or punishment of a criminal defendant violates the defendant’s constitutional right to due process.”

McDonnell Issues Statement About Investigation

The Public Defender issued the following statement Tuesday evening:

“I am deeply concerned about these revelations.  Our office first heard about this investigation when the District Attorney’s Office issued a press release on March 25th.  We immediately requested that the names of any involved officers be released to our office so that we could begin the process of reviewing impacted cases and determining what role these officers played in any arrests or convictions.  Timely transparency is necessary to ensure due process of law and the fair administration of justice for our community and for those impacted by our criminal legal system, some of whom may be currently incarcerated based on the word of these officers.

This investigation into the conduct of officers from both the Pittsburg and Antioch Police Departments will potentially impact many hundreds of cases.  This includes not only current cases where these officers are witnesses, but also previous arrests and convictions involving these officers.  It is important to determine whether these officers were under investigation and suspected of committing crimes of moral turpitude while they continued to remain on the force and continued to arrest individuals, to author police reports, and to testify as witnesses in criminal court.”

Public test of Vote-by-Mail counting equipment

The April 5, 2022 Special Election for the California Assembly District 11 office is underway in California. The Contra Costa County Elections Division will perform the county’s official logic and accuracy testing on central ballot counting and processing equipment at 10:00 am Friday, March 25, 2022 at the Elections Office, located at 555 Escobar Street in Martinez and the public is invited to observe.

According to Helen Nolan, Assistant Registrar, “Contra Costa County purchased its ballot counting and processing equipment from Dominion Voting Systems. We originally purchased this ballot tabulation system in March 2018 and will be conducting our 11th election with the system in April using the Dominion Democracy Suite 5.10a.  Brand names used in the system include Dell, Canon, InoTec, OKI, AValue, and HP.” (See related article)

Logic and accuracy testing is a standard pre-election procedure. The test will confirm that all central count equipment is in working order and functioning properly. A set of test ballots will be run through each scanner to ensure they are properly programmed and operating as expected.

Visitors are asked to check-in at the Elections lobby.  For more information, call 925-335-7800.

 

AB 2374 increases fines, adds teeth to state law on illegal dumping 

At a press conference today, Thursday, Feb. 17, 2022, in Antioch, Assemblywoman Rebecca Bauer-Kahan (AD16-D-Orinda), District 3 Supervisor Diane Burgis, the bill’s sponsor, and local county leaders announced the introduction of AB 2374. Entitled “Crimes against public health and safety: illegal dumping”, the bill was introduced in response to the rampant illegal dumping plaguing communities across California.

“The illegal dumping of trash, furniture, mattresses, appliances, and toxic materials is out of control in both our rural and urban areas – it isn’t just unsightly, it is putting the health of our communities and environment at risk,” said Bauer-Kahan. “Every Californian deserves the right to live in clean, garbage-free neighborhoods.”

“We started this out when we were trying to figure out how to handle it. That’s when we learned of the multiple agencies each responding,” said Burgis. “We formed a Think Tank of agencies in the county, plus East Bay Regional Park and our garbage haulers. And it’s expensive.”

“What people were doing was instead of taking it to the landfill or transfer station, they were just dumping it on the side of the road,” she stated. Pointing to the truck filled with items picked up along East County roads that was at the press conference Burgis said, “That’s nine yards, but they usually pick up 15 yards of large and small items in East County, each week.”

This bill builds upon previous legislative efforts of Bauer-Kahan and Contra Costa and Alameda Counties in 2019. These efforts provided funding to the counties of Alameda and Contra Costa to establish a pilot program for additional enforcement of illegal dumping laws in both counties. This program has been successful, but more tools in the arsenal to fight illegal dumping are necessary. Policies like increased enforcement, street lighting, and cameras throughout the East Bay region have also helped, however, California still lacks sufficient penalties to deter people from this harmful behavior.

AB 2374 raises fines on illegal dumping of commercial quantities up to $5,000 upon first conviction, up to $10,000 on a second conviction, and up to $20,000 on third or subsequent conviction. Additionally, this bill will give judges discretion to require the convicted to pay for the removal of their illegal dumping, suspend the business license of any individual convicted of dumping waste connected to their business, and allow for that person’s name and name of the business to be publicly displayed as convicted of illegal dumping.

“We want everyone to be doing the right thing, but there’s a limit to what we can do to educate and incentivize good behavior,” said Burgis. “It’s important for the public to understand that dumping has an impact on the quality of our drinking water, and that it disproportionately impacts marginalized communities. I applaud Bauer-Kahan for her efforts to empower us with the tools we need at the local level to start getting greater control of this problem.”

Contra Costa County District 5 Supervisor Federal Glover, who also serves on the County’s Illegal Dumping Ad Hoc Committee, added, “Residents deserve beautiful land and clean neighborhoods to live and work in. We want to be sure that everyone, including commercial businesses, hear loud and clear that they cannot illegally dump in our community without hefty fines, hence the need for this legislation.”

“Illegal dumping is a plague on our entire state – impacting our most urban, suburban, and rural communities. In a pilot project in my Supervisorial District alone we’ve removed nearly 1,200 tons of trash from our streets. This legislation provides needed enforcement authority to combat illegal dumping and blight in our neighborhoods, while alleviating the unfair burden of clean up from residents and local businesses,” said Alameda County Supervisor and Board Vice President Nate Miley.

“By upping the fines and providing tools for the courts to publicly hold violators accountable for committing these acts, we disincentivize actors and create public knowledge on who not to work with,” Bauer-Kahan added. “I want to thank Contra Costa County for bringing this bill idea to my attention and look forward to getting it implemented statewide.”

Allen D. Payton contributed to this report.

Reece was placed on paid administrative leave earlier this month for the second time in six months, only in position since Nov. 2020

Board promotes Executive Vice Chancellor to Interim Chancellor through June 2024 with $357,714 starting annual base salary

Two other administrators still on paid leave since last year

By Timothy Leong, 4CD Public Information Officer

At their February 16, 2022, meeting, the Governing Board (Board) of the Contra Costa Community College District accepted the resignation of Dr. Bryan Reece, effective February 11, 2022. He began working for the District as the ninth permanent chancellor on November 1, 2020.

Reece was placed on paid administrative leave by a unanimous vote of the board during a closed session meeting earlier this month. It was the second time the board had done so, the first time occurring in September on a split vote of 3-0-1 with Area 5 Trustee Fernando Sandoval voting to abstain as he was attending the meeting via Zoom. (See related articles here and here)

In an email to faculty and staff, Jeffrey Michels, president of the United Faculty, wrote about the board’s decision to place Reece on paid leave for a second time.

“In the words of the Yankees’ Yogi Berra, ‘it’s like déjà vu all over again.’ Last week, with no public explanation besides citing ‘personnel matters,’ the District Governing Board voted unanimously to place Bryan Reece on ‘paid administrative leave,’ and they named Executive Vice Chancellor of Education and Technology Mojdeh Mehdizadeh acting chancellor.”

“Spending hundreds of thousands of dollars on managers who don’t report to work certainly seems like a waste, but as we have noted in the past, these decisions are hard to evaluate since most of the facts are kept private,” Michels added

He was also referring to two other senior administrators that are on paid administrative leave, placed there by Reece last year, Executive Vice Chancellor of Administration Eugene Huff and Vice Chancellor of Human Resources Dio Shipp. (See related article)

“The Governing Board and Dr. Reece have mutually decided to part ways,” said Governing Board President Dr. Judy E. Walters. “We thank Dr. Reece for his service to the District and wish him well as he relocates to Southern California to spend more time with his family.”

The Governing Board also approved a contract with Executive Vice Chancellor, Education and Technology, Mojdeh Mehdizadeh, to become the Interim Chancellor for the period of February 16, 2022, through June 30, 2024, at a starting annual base salary of $357,714. With more than 30 years of experience at the District, mostly in executive leadership roles, the Governing Board is confident Mojdeh provides the steady and stable leadership needed to help advance the District’s mission and vision.”

Allen D. Payton contributed to this report.

For county DA, sheriff, supervisor, Superior Court judges and other offices, U.S. Senate, Congress, governor and other statewide offices, and State Assembly

By Dawn Kruger, Civic Outreach/Engagement Specialist, Contra Costa County Clerk-Recorder-Elections Department

On Monday, February 14, the June 7, 2022, Candidate Filing Period will begin, and nomination papers will be available for candidates running for Statewide Constitutional offices, County offices, Superior Court judges, United States Senator, United States Representative in Congress and Member of the State Assembly. The nomination period runs through 5:00 pm Friday, March 11, 2022.  A list of offices currently up for election can be found here: https://www.cocovote.us/wp-content/uploads/22Jun07_PositionsUpForElection-1.pdf

Papers for offices that are up for election will be available at the Contra Costa Elections Office, 555 Escobar Street, Martinez.

For further information on the primary election and key dates, visit www.cocovote.us.

With COVID-19 still in play, the Contra Costa Elections Division is asking interested candidates to schedule an appointment through email at candidate.services@vote.cccounty.us or by calling 925-335-7800. Walk-ins are accepted, but subject to the availability of staff. Appointments are available on weekdays from 8:30 am to 4:30 pm. Filing documents and information will be provided to interested constituents at their appointment. The process takes 20 minutes.

All visitors will be asked to check-in at the Elections lobby and will be required to wear a mask and observe social distancing guidelines.

Matching state’s order one day prior; order comes one day after Contra Costa Supervisors appoint new county health officer; state continues to require masking in K-12 school settings

In alignment with the State, the Bay Area counties of Contra Costa, Alameda, Marin, Monterey, Napa, San Francisco, San Mateo, Solano, Sonoma, the City of Berkeley, and Santa Cruz County will lift universal mask requirements for vaccinated individuals in most indoor public settings beginning Wednesday, February 16. The change comes one day after Contra Costa Supervisors appointed Dr. Orli Tzvieli as the county’s new health officer. (See related article)

The change aligns with the California Department of Public Health’s (CDPH) decision to let expire the statewide indoor mask requirement, which was instated on December 15 during the latest COVID-19 surge, in spite of scientific evidence masks don’t work in preventing the spread of the virus. That’s because the size of the COVID molecule is much smaller than the gaps in the fabric of most if not all masks being used. In addition, a 2021 study (that has not yet been peer-reviewed), conducted using data from the CDC covering multiple seasons, reports that “mask mandates and use are not associated with lower SARS-CoV-2 spread among US states.” That study also shows “case growth was not significantly different between mandate and non-mandate states at low or high transmission rates, and surges were equivocal.”

Yet, unvaccinated individuals over age 2 will continue to be required to wear masks in all indoor public settings. Businesses, venue operators and hosts may determine their own paths forward to protect staff and patrons and may choose to require all patrons to wear masks.

Plus, indoor masking is still required by the State for everyone, regardless of vaccination status, in public transportation; health care settings; congregate settings like correctional facilities and homeless shelters; long term care facilities; and in K-12 schools and childcare settings.

Bay Area health officers, in alignment with CDPH, continue to strongly recommend masks be used as an effective tool to prevent the spread of the virus especially when case rates are high, or when additional personal protection is needed. Continuing to mask in indoor public settings, especially crowded or poorly ventilated spaces, remains the safest choice for an individual and protects those who are medically vulnerable or are not able to get vaccinated, like our youngest children. As evidence continues to show, vaccinations and boosters remain the best defense against the virus.

The highly contagious Omicron variant brought on a new stage of the pandemic with a high number of new infections, but significantly fewer cases of life-threatening illnesses, especially for those who are vaccinated and boosted. While relaxing indoor masking requirements is part of a population-level shift toward a “new normal” of living with the disease, the Health Officers recognize that essential workers and communities of color continue to be highly impacted by COVID-19 and will need additional support to limit widening health disparities. Changes to health orders and recommendations may be updated as Health Officers follow the science and the data to evaluate whether additional protective measures may be needed as the virus evolves and if future surges occur.

People should continue to choose layered prevention strategies, such as wearing well-fitted masks (N95 or double layer cloth over surgical are best); staying home and testing when symptomatic; testing before gatherings; and improving indoor ventilation in situations where these strategies can add protection for themselves and others. Staying “up to date” on vaccinations, meaning primary series and boosters when eligible, remains the most important way to prevent severe illness, hospitalization, and death.

After reaching a high on January 9 of 2,835 new cases per day, Contra Costa’s case rates have rapidly declined to a 7-day average of 958 on February 1 and continue to drop. Meanwhile, hospitalizations, a lagging indicator of disease, have begun to drop and never exceeded local capacity during this latest surge because of the county’s overall high rates of vaccinations (80%) and boosters (49% of those eligible). Contra Costa’s universal mask mandate has been in place since August 2 when cases began climbing from the Delta variant.

A combination of preventative strategies, along with the community’s cooperation helped get the Bay Area through this last surge together as a stronger community.

“We are able to take this next major step of removing the universal indoor mask requirement because we have laid a strong foundation in good public health protections…and know we can reduce severe illness, hospitalizations and deaths,” said Dr. Ori Tzvieli, health officer for Contra Costa County.

By aligning with the state masking rules, the participating Bay Area counties will not need to meet previously established criteria for lifting local masking orders, which were devised at a different point in the pandemic.

CDPH continues to require masking in K-12 school settings but has indicated adjustments to the state’s policies will be shared in the coming weeks. In the meantime, there is work to be done in closing the remaining gaps in vaccinations and boosters among children with a particular focus on equity gaps within the most highly impacted communities.

For early education programs, such as preschool and childcare settings, CDPH continues to require masking for children older than age two. Vaccinations for children under 5 are currently undergoing federal review. Workplaces will continue to follow the COVID-19 prevention standards set by CalOSHA.

Some people may understandably feel anxious about these changes to masking requirements in the county. People can continue to choose to wear face coverings around others whether it’s mandated or not and should respect people’s choices around their health. Community members who are vaccinated and choose not to mask should respect the choices of those who continue to mask. Officials ask residents and visitors to be kind and respectful as people evaluate their risks and make choices to protect themselves and those around them.

 

Allen D. Payton contributed to this report.

 

Farnitano retiring next month; Tzvieli will also hold title and role of county’s Director of Public Health

The Contra Costa Board of Supervisors today appointed Dr. Ori Tzvieli as the county’s new Health Officer.

Dr. Tzvieli has helped to lead the county’s response to the COVID-19 pandemic for the past two years as a deputy health officer.

He fills a vacancy left by Dr. Chris Farnitano, who has stepped down from the role in preparation for retirement after more than 30 years caring for Contra Costa County residents.

“Dr. Farnitano will be missed. We are glad Dr. Tzvieli is ready to step into a role that is so crucial for the health and safety of our county residents during the pandemic,” said Board of Supervisors Chair Karen Mitchoff. “Over the past two years, both of them have contributed to one of the finest local responses to the COVID-19 pandemic in California.”

Each county in California appoints a health officer who has broad authority under state Health & Safety Code and are responsible for protecting the health of residents within their jurisdictions.

“Dr. Tzvieli has helped to lead our county’s emergency response since the beginning. We are fortunate to have someone with his experience and community knowledge ready to step up,” Contra Costa Health Director Anna Roth said. “I am very confident that he will help to continue our strong efforts to combat the spread of COVID-19 in Contra Costa County.”

Dr. Tzvieli joined Contra Costa Health (CCH) as a family medicine resident at Contra Costa Regional Medical Center (CCRMC) in 2000, launching a career in the county’s healthcare delivery system that has led to several leadership roles, including Medical Staff President, Ambulatory Care Medical Director, Public Health Medical Director and now Director of Public Health, serving under Director Roth.

During his time with CCH, Dr. Tzvieli has championed collaborative efforts to address opioid addiction and cared for some of the county’s most vulnerable residents as medical director of the Health Care for the Homeless program.

Dr. Farnitano will formally retire in March after a celebrated career at CCH. He became Contra Costa County Health Officer in July 2018, after previously serving as Ambulatory Care Medical Director at CCRMC and Family Medicine Department Chair, among other roles.

Allen D. Payton contributed to this report.